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Port Townsend, WA 98368
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Public Hea t Consent Agenda
October 23, 2017
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental Health Director
Tami Pokorny, Environmental Health Specialist II
DATE: `1 ( 0(-V I z ol -+
SUBJECT: Agenda Item — Project Agreement Amendment No. 1 - Conservation
Futures Fund, Jefferson County Environmental Public Health
(administrator); Snow Creek Watershed Acquisitions Project; Jefferson
Land Trust (sponsor); January 1, 2017; $0.
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Public Health Division, requests Board approval of the Project
Agreement Amendment No. 1 between JCEPH and Jefferson Land Trust, Conservation Futures Fund Project
Snow Creek Watershed Acquisitions Project; January 1, 2017; $0
ANALYSIS/ STRATEGIC GOALSIPRO'S and CON'S:
This Project Agreement Amendment is to remove the acquisition of APN 802111001 and add the fee simple
acquisition of APN 802021005. This change was approved by Resolution (#44-17) on October 16, 2017.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
There is no impact to the general fund.
RECOMMENDATION:
JCPH management request approval of the Project Agreement Amendment No. 1 with Jefferson Land Trust
for Conservation Futures Fund, Snow Creek Watershed Acquisitions Project; January 1, 2017; $0
REVIEWED BY:
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
AMENDMENT NO. I TO PROJECT AGREEMENT FOR THE
SNOW CREEK WATERSHED ACQUISITIONS
Between
JEFFERSON COUNTY
and
JEFFERSON LAND TRUST
Snow Creek Watershed Acquisitions Project
PURPOSE: To amend the July 20, 2015 Conservation Futures Program Project Agreement for the Snow
Creek Watershed Acquisitions Project between Jefferson County, hereinafter referred to as `the County'
and the Jefferson Land Trust, hereinafter referred to as `Contractor'.
IT IS MUTUALLY AGREED to remove the acquisition of APN 802111001 from the project description
and to add the fee simple acquisition of APN 802021005.
All other terms and conditions of the original Agreement remain in full force and effect. The effective date
of this amendment is January 1, 2017, and all work performed consistent with the Agreement prior to the
execution of this Amendment No. 1 is hereby ratified.
IN WITNESS WHEREOF: the parties have signed this amendment.
JEFFERSON COUNTY
Kathleen Kier, Chair Date
Jefferson Board of County Commissioners
ATTEST:
Carolyn Avery Date
Deputy Clerk of the Board
Approved as to form:
Philip Hunsucker, Deputy Prosecuting Attorney Date
Jefferson Land Trust
Date
STATE OF WASI IINGTON
County of Jefferson
Supplementing Resolution No. 29-14 and }
No. 05-15 to Substitute Assessor's Parcel Number }
802021005 for Assessor's Parcel Number } RESOLUTION NO. ,4 —1
802111001 in the Snow Creek Watershed }
Acquisitions Conservation Futures Project }
WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230
are an important means of retaining community character and accomplishing the open space policies
and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated acquisition
of key open space lands for long-term protection; and
WHEREAS, Jefferson County is authorized by RCW 84.34.2 10 and 84.34.220 to
acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, under the provisions of the Jefferson County Conservation Futures
Program, the Jefferson Land Trust, as project sponsor of the Snow Creek Watershed Acquisitions
Project, was awarded funding towards the fee simple acquisition of up to 15 parcels of forested land in
Sec. 2 T. 28N, R. 2W with Assessor's Parcel Numbers 802024001, 995400040, 995400035,
995400025, 995400049, 995400058, 995400057, 995400059, 995400028, 995400037, 995400042,
995400054, 995400056, 995400113, and 995400114 and to protect one additional parcel of largely
vacant land in Sec. 11 T. 28N, R. 2W with Assessor's Parcel Number 802111001 by purchasing a
conservation easement; and
WHEREAS, property interests in Assessor's Parcel Number 802111001 are no longer
available to purchase and Assessor's Parcel Number 802021005 is of similar location, size and habitat
characteristics and no additional conservation futures funds are needed; and
WHEREAS, the County retains enough developable land to accommodate the parcel
substitution in the Snow Creek Watershed Acquisitions project as well as the housing and employment
growth that it is expected to receive, thus satisfying the requirements of Chapter 449, Laws of 2005;
and
WHEREAS, Jefferson County considers it in the best public interest to contribute
financially to this open space project; and
WHEREAS, on July 7, 2014, the Board of Commissioners approved the use of up to
$10,824 for this project in Resolution No. 29-14; and
WHEREAS, on January 12, 2015, the Board of Commissioners approved the use
additional $73,000 for this project in Resolution No. 05-15; and
Resolution No. ---� re: Supplementing Resolution No. 29-14 and No. 05-15 to Substitute Parcel
802021005 for 8f1l1-11�0I in the Snow Creek Watershed Acquisitions Project
NOW, THEREFORE BE IT RESOLVED that:
Jefferson County hereby approves of the substitution of Assessor's Parcel Number
802021005 in place of Assessor's Parcel Number 802111001.
2. This approval may be nullified if a submittal for reimbursement, accompanied by
documentation of matching funds sufficient to complete the acquisition, is not received
from the sponsor within three years of the signing of Resolution No. 05-15.
APPROVED AND,ADOPTED this/0-qday of 46' kX i- , 2017 in Port Townsend, Washington.
ATTEST::...
C-4
Carolyn Gallaway, CMC
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Katee n Yfr, Chair
Kai D ,MMem
David Sulli
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: Snow Creek Watershed Acquisitions
Approval: Resolution No. 29-14, July 7, 2014 and Resolution No. 05-15,
January 12, 2015
A. Parties to the Agreement
This Project Grant Agreement (Agreement) is entered into between County of Jefferson (County), PO
Box 1220, Port Townsend, Washington 98368 and Jefferson Land Trust (Sponsor), 1033 Lawrence
Street, Port Townsend, WA 98368, and shall be binding upon the agents and all persons acting by or
through the parties.
B. Purpose of the Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson
County Conservation Futures Fund. The grant is administered by Jefferson County Environmental
Health for the Sponsor for the project named above,
C. Description of Project
The subject Project is described in the attached 2014 Conservation Project Application for the Snow
Creek Watershed Acquisitions Project. Conservation Futures Fund ("CFF") from Jefferson
County in an amount not to exceed $83,824 will be used towards fee simple acquisition, by Jefferson
Land Trust, of the real property known in the records of the Jefferson County Assessor as APN#s
802024001, 995400040, 995400035, 995400025, 995400049, 995400058, 995400057, 995400059,
995400028, 995400037, 995400042, 995400054, 995400056, 995400113, 995400114, and
8021 1 1001 for acquisition expenses. The match is grant (RCO# 13-1198) from the Recreation and
Conservation Office Salmon Recovery Funding Board and a landowner donation of property value,
D. Term of Agreement
The Project Sponsor's on-going obligation for the above project funded by this Agreement is to
provide maintenance of the site or facility to serve the purpose for which it was intended in
perpetuity, unless otherwise identified in this Agreement.
E. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on July 7, 2014. The Project
reimbursement period for acquisition expenses will end on January 12, 2018 unless proof of match is
provided prior to this date, No expenditure made before July 7, 2014 is eligible for reimbursement
unless incorporated by written amendment into this Agreement.
F. Project Funding
The total grant award provided by the Conservation Futures Fund (CFF) for the Project shall not
exceed $83,824 and Jefferson County CFF shall not pay any amount beyond that approved herein for
funding of the Project. The Sponsor shall be responsible for all total costs for the Project in excess of
$524,678. In no event will the CFF funds expended for this purchase exceed sixteen percent (16%) of
the overall acquisition cost of APN#s 802024001, 995400040, 995400035, 995400025, 995400049,
995400058, 995400057, 995400059, 995400028, 995400037, 995400042, 995400054, 995400056,
995400113, 995400114, and 802111001. The contribution by the Sponsor toward work on the Project
at a minimum shall be as indicated below. The contribution by the County toward work on the Project
is described immediately above and in "C" above,
Snow Creek Watersheds Acquisition - 2014
Acquisition
Percentage
Dollar Amount
Conservation Futures — Snow Creek Watershed
16%
$83,824
Acquisitions
84%
$440,854
Project Sponsor
Total Proiect Cost
100%
$524,678
G. Unexpended Project Allocations
Should unexpected Project allocations, including, but not limited to project completion at less than
the estimated cost or, alternatively, the abandonment of the Project occur, then the Sponsor shall
notify the County.
H. Rights and obligations
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments, including the Sponsor's Application and Jefferson County Conservation Futures
,Program Manual for the 2014 Funding Cycle, all of which are attached hereto and incorporated
herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such alterations, except those concerning the period of
performance, inust be signed by both parties. Period of performance extensions need only be signed
by Jefferson Board of County Commissioners.
I. Indemnification
Sponsor shall indemnify, defend and bold harmless the County, its officers, agents and
employees, from and against any and all claims, losses or Iiab'slity, or any portion thereof,
including atlrrrneys fees and cos s, arising Froin injury or duarth to persons, including injuries,
sickness, disease or denth to Sponsor's own eriipk )yces, or damage to property occasioned by
a negligent act, omission or failure of the Sponsor.
J. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this contract
policies of insurance as follows:
If and only if the Sponsor employs any person(s) in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Sponsor, Worker's Compensation Insurance in an amount or amounts
that are not less than the required statutory minimus-n(s) as established by the State of
Washington or the state of province where the Sponsor is located.
CommercialAtrltsun3bile 1 itrbily IrrsuiGuric providing bodily injury and property
damage liability coverage for al owned and non -owned vehicles assigned to or used in
the performance or the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Sponsor's performance of the contract.
General C.onlmercial 1._iability Insurance in an amount not less than a single limit of one
million dollars ($1,000,040) pet' occurrence and an aggregate ol`not less than two (2)
times the occurrence amount ($2,000,000,00 minimisin) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
2 Snow Creek Watersheds Acquisition - 2014
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
Certificates of coverage as required by this section shall be delivered to the County
within fifteen (15) days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County, the
insurer shall reduce or eliminate deductibles or self-insured retention or the Sponsor shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
Failure of the Sponsor to take out and/or maintain any required insurance shall not relieve
the Sponsor from any liability under the Agreement, nor shall the insurance requirements
be construed to conflict with or otherwise limit the obligations concerning
indemnification,
It is agreed by the parties that insurers shall have no right of recovery or subrogation
against the County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies so affected shall protect both parties
and be primary coverage for any and all losses covered by the above described insurance,
It is further agreed by the parties that insurance companies issuing the policy or policies
shall have no recourse against the County (including its employees and other agents and
agencies) For payment of any premiums or for assessments under any fortst of policy. It is
further agreed by the parties that any and all deductibles in the above described insurance
policies shall be assumed by and be at the sole risk of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment
due, or to become due, to the Sponsor until such time as the Sponsor shall furnish
additional security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy
of insurance the Sponsor must provide in order to comply with this Agreement.
Snow Creek Watersheds Acquisition - 2014
If the proof of insurance or certificate indicating the County is an "additional insured" to
a policy obtained by the Sponsor refers to an endorsement (by number or name) but does
not provide the full text of that endorsement, then it shall be the obligation of the Sponsor
to obtain the full text of that endorsement and forward that full text to the County.
The County may, upon the Sponsor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the Sponsor.
K. Independent Contractor
The Sponsor and the County agree that the Sponsor is an independent contractor with respect
to the services provided pursuant to this agreement. Nothing in this agreement shall be
considered to create the relationship of employer and employee between the parties
hereto. Neither Sponsor nor any employee of Sponsor shall be entitled to any benefits
accorded County employees by virtue of the services provided under this agreement. The
County shall not be responsible for withholding or otherwise deducting federal income tax or
social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to Sponsor, or any employee of Sponsor.
The Sponsor shall not sublet or assign any of the services covered by this contract without the
express written consent of the County or its authorized representative. Assignment does not
inciude printing or other customary reimbursable expenses that may be provided in an
agreement.
L. Ownership and Use of'Documents
All documents, drawings, specifications and other materials produced by the Sponsor in
connection with the services rendered under this agreement shall be the property of the
Sponsor whether the project for which they are made is executed or not. The County shall be
permitted to retain copies, including reproducible copies, of drawings and specifications for
information, reference, and use in connection with the Sponsor's endeavors.
M. Compliance with Applicable. Statutes, Rules, and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall damply with, all applicable state and federal
laws and regulations, including RCW 84.34.210, and published agency policies, which are
incorporated herein by this reference as if fully set forth.
N. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this contract and the
services rendered including all books, records, documents, receipts, invoices, and all other
evidence of accounting procedures and practices which sufficiently and properly reflect all
direct and indirect cost of any nature expended in the performance of this contract. The
Sponsor's records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the County and state for a period of six (6) years after the
date of the final payment to Sponsor. Copies shall be made available upon request.
O. Licensing, Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation,
permitting, and registration requirement/standards necessary for the performance of this
contract.
P. Disputes
Except as otherwise provided in this contract, when a bona fide dispute arises between
Jefferson County and the Sponsor and it cannot be resolved, either party may request a
Snow Creek Watersheds Acquisition - 2014
dispute hearing with a mediator assigned by or associated with Jefferson County District
Court, Either party's request for a dispute hearing must be in writing and clearly state:
a, the disputed issue(s),
b. the relative positions of the parties, and
c. the Sponsor's name, address and Agency contact number
These requests must be mailed to the Project Manager, Jefferson County Environmental
health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15) days
after either party received notice of the disputed issue(s). The parties agree that this dispute
process shall precede any action in a judicial or quasi-judicial tribunal. The parties will split
evenly the cost of mediation or whatever form of dispute resolution is used.
Q. Termination for funding
Jefferson County may unilaterally terminate this contract in the event funding from state,
federal, or other sources are withdrawn, reduced, or limited in any way after the effective date
of this contract.
R. Termination for Convenience
The County reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Sponsor.
S. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer
any interest in this agreement without the express written consent of the County.
T. Non -Waiver.
Waiver by the County of any provision of this agreement or any time limitation provided for
in this agreement shall not constitute a waiver of any other provision.
U. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or state
law, to determine if Sponsor is complying with all applicable statutes, rules, cosies ordinances
or permits.
V. Agreement Representatives
All written communications sent to the Sponsor under this Agreement will be addressed and delivered
to:
51),�II-or Contact
Sarah Spaeth, Executive Director
Jefferson Land Trust
1033 Lawrence St.
Port Townsend, WA 98368
r`:c)nscry t►io�► Fuitn-es.l'rngram Contact
Jefferson County Environmental
Health — Conservation Futures
615 Sheridan Street
Port Townsend, WA 98368
These addresses shall be effective until receipt by one party from the other of a written notice of any
change.
W. Entire Agreement/Severability
This agreement, along with all attachments, constitutes the entire agreement or the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. If
any part of this Agreement is ruled or adjudicated to be unlawful or void, all other sections of this
Agreement shall continue to have full force and effect,
X. Effective Date
This agreement, for the Snow Creek Watershed Acquisitions Project shall be effective upon signing
by all parties,
Snow Creek Watersheds Acquisition - 2014
Y. Venue:
Venue for any litigation arising from this Project Agreement shall be only in the Superior Court In
and for Jefferson County, Each party to this agreement shall be responsible for their litigation costs,
including attorney's fees,
DATED this day of r
uL 2015.
By
David :Sullivan. Ch; it
Jefferson Board of County Commissioners
ByIp ��..c_J-'L-
Je rson Land TrGst
Atteste:
—14-m4 -
Au eputy Cies
theBoardCaro
L
ed as In form: 6
David Alvarez, Chief Civil DP�r
Snow Creek Watersheds Acquisition - 2014